Representative Hebl introduced a privileged joint resolution.
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Read first time and referred:
Assembly Joint Resolution 14
Relating to: requesting Senator Lasee and Representative Gard, the cochairs of the Joint Committee on Employment Relations, to convene a meeting of the Joint Committee on Employment Relations to be held by February 4, 2003, to take action on the negotiated state employee contracts.
By
Representatives Hebl, Black, Miller, Berceau, Pope-Roberts, Travis, Pocan, Morris, Lassa, Krug, Huber, Plouff, Zepnick, Sinicki and Richards; cosponsored by Senators Erpenbach and Risser.
To committee on Rules.
Speaker Pro Tempore Freese in the chair.
Representative Hebl moved that the rules be suspended and that Assembly Joint Resolution 14 be withdrawn from the committee on Rules and taken up at this time.
The question was: Shall the rules be suspended and Assembly Joint Resolution 14 be withdrawn from the committee on Rules and taken up at this time?
The roll was taken.
The result follows:
Ayes - Representatives Balow, Berceau, Black, Boyle, Coggs, Colon, Cullen, Gronemus, Hebl, Huber, Hubler, Kreuser, Krug, Krusick, Lassa, J. Lehman, Miller, Morris, Plale, Plouff, Pocan, Pope-Roberts, Richards, Schneider, Schooff, Sherman, Shilling, Sinicki, Staskunas, Steinbrink, Travis, Turner, Van Akkeren, Vruwink, Wasserman, A. Williams, W. Wood, Young, Zepnick and Ziegelbauer - 40.
Noes - Representatives Ainsworth, Albers, Bies, J. Fitzgerald, Foti, Freese, Friske, Gielow, Gottlieb, Grothman, Gunderson, Gundrum, Hahn, Hines, Huebsch, Hundertmark, Jensen, Jeskewitz, Johnsrud, Kaufert, Kerkman, Kestell, Krawczyk, Kreibich, F. Lasee, M. Lehman, LeMahieu, Loeffelholz, Lothian, D. Meyer, Montgomery, Musser, Nass, Nischke, Olsen, Ott, Owens, Petrowski, Pettis, Powers, Rhoades, Seratti, Stone, Suder, Towns, Townsend, Underheim, Van Roy, Vrakas, Vukmir, Ward, Weber, Wieckert, M. Williams, J. Wood and Speaker Gard - 56.
Absent or not voting - Representatives Ladwig and McCormick - 2.
Motion failed.
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Speaker Gard in the chair.
Assembly Resolution 4
Relating to: commending the people of Taiwan.
Representatives Kaufert, Petrowski, Bies, Morris, Young, Turner and Gronemus asked unanimous consent to be made coauthors of Assembly Resolution 4. Granted.
Representative Schneider moved rejection of Assembly Resolution 4.
The question was: Shall Assembly Resolution 4 be rejected?
The roll was taken.
The result follows:
Ayes - Representatives Colon, Kreuser, Lassa, J. Lehman, Powers, Richards, Schneider, Steinbrink and Vruwink - 9.
Noes - Representatives Ainsworth, Albers, Balow, Berceau, Bies, Black, Boyle, Coggs, Cullen, J. Fitzgerald, Foti, Freese, Friske, Gielow, Gottlieb, Gronemus, Grothman, Gunderson, Gundrum, Hahn, Hebl, Hines, Huber, Hubler, Huebsch, Hundertmark, Jensen, Jeskewitz, Johnsrud, Kaufert, Kerkman, Kestell, Krawczyk, Kreibich, Krug, Krusick, F. Lasee, M. Lehman, LeMahieu, Loeffelholz, Lothian, D. Meyer, Miller, Montgomery, Morris, Musser, Nass, Nischke, Olsen, Ott, Owens, Petrowski, Pettis, Plale, Plouff, Pocan, Pope-Roberts, Rhoades, Schooff, Seratti, Sherman, Shilling, Sinicki, Staskunas, Stone, Suder, Towns, Townsend, Travis, Turner, Underheim, Van Akkeren, Van Roy, Vrakas, Vukmir, Ward, Wasserman, Weber, Wieckert, A. Williams, M. Williams, W. Wood, Young, Zepnick, Ziegelbauer and Speaker Gard - 86.
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Absent or not voting - Representatives Ladwig, McCormick and J. Wood - 3.
Motion failed.
The question was: Shall Assembly Resolution 4 be adopted?
The roll was taken.
The result follows:
Ayes - Representatives Ainsworth, Albers, Balow, Berceau, Bies, Black, Boyle, Coggs, Colon, Cullen, J. Fitzgerald, Foti, Freese, Friske, Gielow, Gottlieb, Gronemus, Grothman, Gunderson, Gundrum, Hahn, Hebl, Hines, Huber, Hubler, Huebsch, Hundertmark, Jensen, Jeskewitz, Johnsrud, Kaufert, Kerkman, Kestell, Krawczyk, Kreibich, Kreuser, Krug, Krusick, F. Lasee, Lassa, J. Lehman, M. Lehman, LeMahieu, Loeffelholz, Lothian, D. Meyer, Miller, Montgomery, Morris, Musser, Nass, Nischke, Olsen, Ott, Owens, Petrowski, Pettis, Plale, Plouff, Pocan, Pope-Roberts, Powers, Rhoades, Richards, Schooff, Seratti, Sherman, Shilling, Sinicki, Staskunas, Steinbrink, Stone, Suder, Towns, Townsend, Travis, Turner, Underheim, Van Akkeren, Van Roy, Vrakas, Vruwink, Vukmir, Ward, Wasserman, Weber, Wieckert, A. Williams, M. Williams, W. Wood, Young, Zepnick, Ziegelbauer and Speaker Gard - 94.
Noes - Representatives Schneider and J. Wood - 2.
Absent or not voting - Representatives Ladwig and McCormick - 2.
Motion carried.
Speaker Pro Tempore Freese in the chair.
Assembly Joint Resolution 11
Relating to: recognizing February 6 as Ronald Reagan Day in the state of Wisconsin.
Representative Foti asked unanimous consent that Assembly Joint Resolution 11 be laid on the table. Granted.
Representative Foti asked unanimous consent that the rules be suspended and that Senate Joint Resolution 13 be withdrawn from the committee on Rules and taken up at this time. Granted.
Senate Joint Resolution 13
Relating to: recognizing February 6 as Ronald Reagan Day in the state of Wisconsin.
The question was: Shall Senate Joint Resolution 13 be concurred in?
The roll was taken.
The result follows:
Ayes - Representatives Ainsworth, Albers, Balow, Bies, Boyle, Coggs, Colon, Cullen, J. Fitzgerald, Foti, Freese, Friske, Gielow, Gottlieb, Gronemus, Grothman, Gunderson, Gundrum, Hahn, Hebl, Hines, Huber, Hubler, Huebsch, Hundertmark, Jensen, Jeskewitz, Johnsrud, Kaufert, Kerkman, Kestell, Krawczyk, Kreibich, Krug, Krusick, F. Lasee, Lassa, J. Lehman, M. Lehman, LeMahieu, Loeffelholz, Lothian, D. Meyer, Miller, Montgomery, Musser, Nass, Nischke, Olsen, Ott, Owens, Petrowski, Pettis, Plale, Plouff, Pope-Roberts, Powers, Rhoades, Schooff, Seratti, Sherman, Staskunas, Steinbrink, Stone, Suder, Towns, Townsend, Turner, Underheim, Van Akkeren, Van Roy, Vrakas, Vukmir, Ward, Wasserman, Weber, Wieckert, A. Williams, M. Williams, J. Wood, W. Wood, Young, Zepnick, Ziegelbauer and Speaker Gard - 85.
Noes - Representatives Berceau, Black, Kreuser, Morris, Pocan, Richards, Schneider, Shilling, Sinicki, Travis and Vruwink - 11.
Absent or not voting - Representatives Ladwig and McCormick - 2.
Motion carried.
Representative Vruwink asked unanimous consent to be recorded as voting "Aye" on the previous question. Granted.
Representative Foti asked unanimous consent that the rules be suspended and that Senate Joint Resolution 13 be immediately messaged to the Senate. Granted.
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Speaker Pro Tempore Freese ruled on a parliamentary inquiry made by Representative Miller on Tuesday, January 28.
Speaker Pro Tempore Freese ruled as follows: "On Tuesday of this week Representative Miller regarding the rules and statutes that govern this Assembly made a parliamentary inquiry. I have given this much thought since I have ruled on this issue before. I think it is important to recognize that under
Article IV, section 8, of the Wisconsin Constitution, the assembly is the sole and absolute decision maker on Assembly proceedings that are not set out in the Wisconsin or federal constitution. It is within the Assembly's power under
Article IV, section 8, of the constitution, to permit or refuse to permit the suspension or modification of a rule of proceedings set forth in the statutes just as it can of a rule of proceedings set forth in the rules pamphlet.
In Mason's manual section 2 refers to the right to regulate procedure. The Constitutional right of a state legislature to control its own procedure cannot be withdrawn or restricted by statute, but statutes may control procedure insofar as they do not conflict with the rules of the houses or with the rules contained in the constitution. Section 3 states that the State Constitution is a limitation rather than a grant of legislative power. If not expressly or implicitly withheld, the whole legislative power of the state is committed to the legislature.
It appears that the updating of legislative proceedings in the statutes have not kept up to the updating of legislative proceedings in the rules pamphlets. The statutes appear to reflect an earlier view of the powers that are to be exercised by the assembly officers.
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On January 15, 1998 I had to rule on a point of order whether the motion to withdraw Assembly Bill 421 from the joint survey committee on Retirement Systems was not in order. Section
13.50 (6) was created in 1963 as
Chapter 153, laws of 1963 as 13.44 (9) with the exact wording as it appears today. In 1977, through Assembly Resolution 6, Assembly rule
26 was first created which is our current rule 15 (1). I ruled that when the Statute and the rule are the same that we could suspend the rule but not the statute. If the rule and constitution were the same but the statute was different, the constitution and rule would be the precedent. If the rule and the statute were not the same, it would require a point of order to clarify which one has precedent at the time on an individual basis."
Assembly Bill 3
Relating to: limitations on the filling of vacant positions in state government.
The question was: Shall Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Bill 3 be adopted?
Motion carried.
Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 3 offered by Representatives Jeskewitz, Plouff and Lassa.
Representative Pettis moved that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 3 be laid on the table.
The question was: Shall Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 3 be laid on the table?
The roll was taken.
The result follows:
Ayes - Representatives Ainsworth, Albers, Bies, J. Fitzgerald, Foti, Freese, Friske, Gielow, Gottlieb, Grothman, Gunderson, Gundrum, Hahn, Huebsch, Hundertmark, Jensen, Johnsrud, Kaufert, Kerkman, Kestell, Kreibich, M. Lehman, LeMahieu, Loeffelholz, Lothian, D. Meyer, Montgomery, Musser, Nass, Nischke, Olsen, Owens, Petrowski, Pettis, Powers, Rhoades, Seratti, Stone, Suder, Towns, Townsend, Underheim, Van Roy, Vrakas, Vukmir, Ward, Weber, Wieckert, M. Williams, J. Wood, Ziegelbauer and Speaker Gard - 52.
Noes - Representatives Balow, Berceau, Black, Boyle, Coggs, Colon, Cullen, Gronemus, Hebl, Hines, Huber, Hubler, Jeskewitz, Krawczyk, Kreuser, Krug, Krusick, F. Lasee, Lassa, J. Lehman, Miller, Morris, Ott, Plale, Plouff, Pocan, Pope-Roberts, Richards, Schneider, Schooff, Sherman, Shilling, Sinicki, Staskunas, Steinbrink, Travis, Turner, Van Akkeren, Vruwink, Wasserman, A. Williams, W. Wood, Young and Zepnick - 44.
Absent or not voting - Representatives Ladwig and McCormick - 2.
Motion carried.
The question was: Shall Assembly substitute amendment 1 to Assembly Bill 3 be adopted?
Motion carried.
Representative Schneider moved indefinite postponement of Assembly Bill 3.
The question was: Shall Assembly Bill
3 be indefinitely postponed?
The roll was taken.
The result follows:
Ayes - Representatives Balow, Berceau, Black, Boyle, Coggs, Colon, Cullen, Hebl, Huber, Hubler, Kreuser, Krug, Krusick, Lassa, J. Lehman, Miller, Morris, Plale, Plouff, Pocan, Pope-Roberts, Richards, Schneider, Schooff, Sherman, Shilling, Sinicki, Staskunas, Steinbrink, Travis, Turner, Van Akkeren, Vruwink, Wasserman, A. Williams, W. Wood, Young and Zepnick - 38.
Noes - Representatives Ainsworth, Albers, Bies, J. Fitzgerald, Foti, Freese, Friske, Gielow, Gottlieb, Gronemus, Grothman, Gunderson, Gundrum, Hahn, Hines, Huebsch, Hundertmark, Jensen, Jeskewitz, Johnsrud, Kaufert, Kerkman, Kestell, Krawczyk, Kreibich, F. Lasee, M. Lehman, LeMahieu, Loeffelholz, Lothian, D. Meyer, Montgomery, Musser, Nass, Nischke, Olsen, Ott, Owens, Petrowski, Pettis, Powers, Rhoades, Seratti, Stone, Suder, Towns, Townsend, Underheim, Van Roy, Vrakas, Vukmir, Ward, Weber, Wieckert, M. Williams, J. Wood, Ziegelbauer and Speaker Gard - 58.
Absent or not voting - Representatives Ladwig and McCormick - 2.
Motion failed.
The question was: Shall Assembly Bill 3 be ordered engrossed and read a third time?
Motion carried.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Bill 3 be given a third reading.
Representative Schneider objected.
Representative Foti moved that the rules be suspended and that Assembly Bill 3 be given a third reading.
The question was: Shall the rules be suspended and Assembly Bill 3 be given a third reading?
The roll was taken.
